Trump Prosecutors Fail to Convince Juries, Raising Concerns About Abuse of Power

New Republic columnist Greg Sargent says the 'knee-slapping buffoonish failures' of Trump's DOJ prosecutions hide disturbing authoritarian abuses.

Published on Feb. 23, 2026

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New Republic columnist Greg Sargent says that while President Donald Trump's efforts to jail his Democratic critics have been marked by 'ham-fisted, buffoonish failure,' the details of the prosecutions suggest horrific abuses of power that carry no humor. Sargent warns that the 'Keystone Kops vibe' of these failed prosecutions risks 'disarming us for the next round' of Trump's authoritarian actions.

Why it matters

The failed prosecutions of Democratic lawmakers by Trump's DOJ raise serious concerns about the politicization of the criminal justice system and the administration's willingness to abuse its power to target political opponents, even in the absence of clear legal justification.

The details

According to Sargent, when defense attorney Preet Bharara asked prosecutors what statute the Democratic lawmakers had allegedly violated, the prosecutors could not name any. This suggests the prosecutors did not believe a criminal prosecution was warranted or doubted there was probable cause, but were directed to pursue the case anyway, perhaps at the behest of Trump himself. The involvement of inexperienced outsiders to carry out the prosecutions further indicates the career DOJ prosecutors may have been reluctant to attempt these 'special projects' for the 'benefit of the Audience of One'.

  • The failed prosecutions of Democratic lawmakers by Trump's DOJ occurred in 2026.

The players

Greg Sargent

A columnist for The New Republic who wrote about the failed prosecutions of Democratic lawmakers by Trump's DOJ.

Donald Trump

The former president whose DOJ pursued the failed prosecutions of Democratic lawmakers.

Preet Bharara

A defense attorney who directly asked prosecutors what statute the Democratic lawmakers had allegedly violated, to which they could not provide an answer.

Jeanine Pirro

The U.S. attorney in Washington whose office reached out to the Democratic lawmakers and later brought in inexperienced outsiders to prosecute the case.

Stephen Vladeck

A Georgetown law professor who told Sargent that the DOJ's credibility depends on prosecutions being brought when the law justifies it, not when the political leadership demands it.

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What they’re saying

“Thanks to the knee-slapping, comic-relief-inducing nature of these failures, the authoritarian abuses underlying them risk being seen as less threatening than they actually are. That could potentially disarm us for the next round, which will surely come.”

— Greg Sargent, Columnist (The New Republic)

“DOJ's credibility depends on public faith that prosecutions are brought when the law justifies it, not when the political leadership of the administration demands it.”

— Stephen Vladeck, Georgetown Law Professor (The New Republic)

What’s next

The failed prosecutions of Democratic lawmakers by Trump's DOJ raise concerns about the potential for further abuse of power, and the need for close scrutiny of the administration's actions to ensure the integrity of the criminal justice system.

The takeaway

The 'Keystone Kops vibe' of these failed prosecutions by Trump's DOJ should not distract from the serious authoritarian abuses of power that they represent, and the need to remain vigilant against future attempts to politicize the criminal justice system for personal and political gain.